Possession of a Controlled Substance in Kansas

Talk to a Criminal Defense Lawyer

All states regulate and control the possession of controlled
dangerous substances (CDS), though each differs in its exact definition
of CDS and the penalties for illegal possession. Kansas classifies not
only well-known drugs like marijuana, heroin, and cocaine as CDS, but
also the compounds used to manufacture them.

This article
discusses the illegal CDS possession only. Illegally making or selling
CDS carries different penalties. For more information CDS manufacture
and sale, see Sale of Controlled Substances in Kansas.

Also,
while marijuana is considered a CDS, this article does not cover
Kansas’s marijuana possession and sale laws. To learn more about that
topic, see Kansas Marijuana Laws.

How Kansas Classifies CDS

Kansas
divides CDS into five “Schedules”. Schedule I lists the most dangerous
drugs, which have a high probability of abuse and addiction, and no
recognized medical value. Schedules II, III, IV, and V decrease in
dangerousness and probability of abuse, and increase in recognized
medical uses.

If you’ve been arrested for illegal CDS possession,
you’ll need to consult the Kansas Code that lists precisely which drugs
fit into each group. Go to the statute (Ks. Stat. Ann. § 65-4105, -4107,
-4109, -4111, & -4113.) and find the substance you're charged with
possessing -- it will be listed under one of the five schedules.

Penalties for Illegally Possessing CDS

It
is illegal in Kansas to possess CDS without a valid medical
prescription. Penalties vary according to the type of CDS involved.

In Kansas, judges determine applicable prison terms based on a the Kansas Sentencing Guidelines,
a grid that takes both the offense and the defendant’s criminal history
into account. Because of this, the applicable fines are listed below,
but the prison terms for felonies are not, since they vary so widely
based on the defendant’s personal criminal history. (Ks. Stat. Ann. §
21-5705.)

Specified CDS from Schedules I , II, III, IV and V

It
is a class A nonperson misdemeanor to possess any Schedule I CDS;
depressants listed in Schedules I, II, III, and IV; stimulants listed in
Schedules I, II, and III; hallucinogenic CDS listed in Schedules I, II,
or III; anabolic steroids listed in Schedule III; or other specified
CDS listed in Schedules II, III, and IV. Penalties include a fine of up
to $2,500, up to one year in jail, or both.

However, if the
defendant has one prior conviction, the offense is a level 4 felony.
Penalties include a fine of up to $100,000, prison time, or both.

Schedule II Opiates, Narcotics, and Stimulants

It
is a level 4 felony to possess opiates, narcotics, or stimulants listed
in Schedule II. Penalties include a fine of up to $100,000, prison
time, or both.

Schedule V

It is a class A
nonperson misdemeanor to illegally possess any Schedule V CDS.
Penalties include a fine of up to $2,500, up to one year in jail, or
both.

CDS Precursors

It is a level 2
felony to possess CDS precursors -- substances used to manufacture CDS
-- with the intent to use them in making a CDS. These substances include
ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium
metal, iodine, anhydrous ammonia, pressurized ammonia or
phenylpropanolamine, or their salts, isomers. Penalties include a fine
of up to $300,000, prison time, or both.

It is a level 4 felony to
possess anhydrous ammonia or pressurized ammonia in a container not
approved for storing those substances by the Kansas department of
agriculture. Penalties include a fine of up to $100,000, prison time, or
both.

Talk to an Attorney

CDS
possession convictions can incur harsh fines and long periods of
incarceration (usually several years or more). A local lawyer who
practices CDS defense will review the facts of your case, explain your
options, and advise you of the possible consequences.